Patna High CourtCR. MISC./50565/2015bail granted

Guddu Bhagat v. The State Of Bihar

2015-11-03Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50565 of 2015 Arising Out of PS.Case No. -60 Year- 2015 Thana -BIHARIGANJ District- MADHEPURA ====================================================== Guddu Bhagat, son of Sri Surendra Bhagat, r/o. Moh. Shashtri Chauk, Bihariganj P.S., Bihariganj, Dist. Madhepura. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Singh,Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 341, 323, 153, 295 (A) and 504 of the Indian Penal Code registered in connection with Bihariganj P.S. Case No. 60 of 2015/G.R. Case No. 217 of 2015.

3. It is submitted that the petitioner being a betel shop owner has been falsely implicated as he was not present at the time of occurrence. The accusation of assault is general and omnibus against all the accused persons and there is no injury report on the record to substantiate the same.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.50565 of 2015 (2) dt.03-11-2015 circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Udakishanganj, District Madhepura in connection with Bihariganj P.S. Case No. 60 of 2015/G.R. Case No. 217 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(ii) The petitioner shall remain physically present as and when required during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran U T